(c) The following
modifications shall be made to NFPA 495:
(1)
Section 1.3.2 shall be replaced with the following: "This code shall not apply
to the transportation and use of military explosives by federal or state
military agencies, nor shall this code apply to the use of explosive materials
by federal, state, or municipal agencies while engaged in public safety
functions, except that state and municipal agencies shall be subject to the
storage, recordkeeping, and permitting requirements of this code."
(2) In section 1.3.5, the phrase "as defined
in NFPA 1122, Code for Model Rocketry; NFPA 1125, Code for the Manufacture of
Model Rocket and High Power Rocket Motors; and NFPA 1127, Code for High Power
Rocketry" shall be deleted.
(3) The
following text shall be added after section 1.3.6: "This code shall not apply
to small arms ammunition and components of small arms ammunition, but this code
shall apply to the manufacture of smokeless propellants and black powder
substitutes and to smokeless propellants and black powder substitutes not
designed for use in small arms ammunition.
"This code shall not apply to commercially manufactured black
powder in quantities not to exceed fifty pounds, percussion caps, safety and
pyrotechnical fuses, quills, quick and slow matches, and friction primers,
intended to be used solely for sporting, recreational, or cultural purposes in
antique firearms as defined in
18 U.S.C. §
921(a)(16) or in
antique devices exempted from the term 'destructive device' in
18 U.S.C. §
921(a)(4).
"This code shall not apply to the use, storage, or
transportation of precursor chemicals used for agricultural purposes other than
blasting, or to fertilizers and fertilizer materials regulated by the Kansas
department of agriculture pursuant to
K.S.A. 2-1201 et seq., and amendments thereto,
except that thefts of ammonium nitrate shall be reported to the office of the
state fire marshal and to a local law enforcement authority within 24 hours of
discovering the theft."
(4)
In section 3.2.2, the definition of "Authority Having Jurisdiction (AHJ)" shall
be replaced with the following: "The state fire marshal or designee, except
when the context indicates that the term is referring to a local fire
department or law enforcement agency."
(5) In section 3.3.8, the definition of
blasting agent shall be replaced with the following: "Any material or mixture,
consisting of fuel and oxidizer, intended for blasting, not otherwise defined
as an explosive, provided that the finished product, as mixed for use or
shipment, cannot be detonated by means of a numbered 8 test blasting cap when
unconfined."
(6) Section 3.3.20
shall be replaced with the following: "Explosive. Any chemical compound,
mixture, or device, the primary or common purpose of which is to function by
explosion. The term shall also include two or more precursor chemicals sold or
possessed together that if mixed or combined would constitute a binary
explosive."
(7) Section 3.3.49
shall be replaced with the following: "Small arms ammunition and components of
small arms ammunition. Small arms ammunition or cartridge cases, primers, or
smokeless propellants designed for use in small arms, including percussion
caps, and 3/32 inch and other external burning pyrotechnic hobby fuses. The
term shall not include black powder, but shall include black powder substitutes
provided the propellant is a component of small arms ammunition."
(8) Section 4.2.1 shall be replaced with the
following: "No person shall be in possession of explosive materials, or conduct
an operation or activity requiring the use of explosive materials, or perform
or supervise the loading and firing of explosive materials without first
obtaining the correct permit or permits from the state fire marshal."
(9) Section 4.2.4 shall be replaced with the
following: "Each permitted manufacturer, distributor, and user in the state
shall maintain continuous general liability coverage that includes coverage for
intentional blasting of not less than $1,000,000 from an insurance company
authorized by the Kansas insurance department to do business in Kansas and
shall annually provide proof of this insurance to the state fire
marshal."
(10) Section 4.3.1 shall
be replaced with the following sentence: "Before a person conducts an operation
or activity that uses explosive materials in the state, the person shall obtain
a user permit from the state fire marshal."
(11) Section 4.3.2 shall be replaced with the
following sentence: "Before an individual performs or supervises the loading
and firing of explosive materials in the state, that individual shall obtain
the appropriate permit to blast, as specified in Table 4.3.2, from the state
fire marshal, except that this requirement shall not apply to a trainee who is
acting under the direct supervision of and is being trained by the holder of a
blaster permit."
(12) The following
classes of blasting permits shall be added to table 4.3.2:
(A) Class P1 permit. The category name for
this permit shall be "Public Safety, Bomb Technician." The permit shall allow
"blasting by a bomb technician acting on behalf of the state or a political or
taxing subdivision in a public safety capacity."
(B) Class P2 permit. The category name for
this permit shall be "Public Safety, Explosive Breacher." The permit shall
allow "explosive breaching by a person acting on behalf of the state or a
political or taxing subdivision in a public safety capacity."
(13) The following text shall be
added after section 4.3.2:
"Permit to Manufacture. Before a person manufactures explosive
materials in the state, that person shall obtain a manufacturer permit from the
state fire marshal. A holder of a manufacturer permit shall not be required to
obtain a distributor or user permit.
"Permit to Distribute. Before a person engages in the business
of distributing explosive materials within the state, that person shall obtain
a distributor permit from the state fire marshal, except that this requirement
shall not apply to common carriers or to an out-of-state person who distributes
explosive materials to the holder of a manufacturer or distributor permit.
'Distributing' shall mean the selling, issuing, giving, transferring, or other
disposing of. A holder of a distributor permit shall not be required to obtain
a user permit.
"Handler Permit. Before an individual, other than the holder of
a blaster permit, actually or constructively possesses explosive materials in
the state, that individual shall obtain a handler permit from the state fire
marshal, except that a handler permit shall not be required to handle explosive
materials under the direct supervision of the holder of a blaster permit.
'Direct supervision' shall mean that the holder of the blaster permit is
physically present and overseeing the actions of the employee. Actual
possession shall include the physical handling of explosive materials.
Permitted handlers may include individuals who load or unload vehicles,
trainees, magazine keepers, drillers, stemmers and sales staff.
"Storage Permit. Before a person stores explosive materials in
the state, that person shall obtain a site-specific storage permit. The storage
permit may be temporary or permanent. A permanent storage permit shall be valid
for no longer than three years. A temporary storage permit shall be valid for
no longer than 90 days, but the permit holder may apply to the office of the
state fire marshal to renew the permit one time for no longer than an
additional 90 days. Before either storage permit will be issued, the person
shall obtain a manufacturer, distributor, or user permit from the state fire
marshal, any explosive permit required by the bureau of alcohol, tobacco,
firearms and explosives, and a certification from the fire department with
jurisdiction over the area where the storage site will be located that the
proposed storage of explosive materials will not violate any local
laws."
(14) Section 4.4.2.1
shall be replaced with the following: "Each applicant shall complete a blaster
training program and pass a qualifying examination in the category of blasting
for which application is made. The blaster training program and qualifying
examination shall be approved in advance by the office of the state fire
marshal. To be approved by the office of the state fire marshal, a blaster
training program or blaster refresher course shall provide training on the
following topics, as applicable to the category of blasting for which
application is made: the requirements of this code; federal explosives law and
regulations; and industry standards related to the safe use, storage, and
transportation of explosive materials."
(15) Section 4.4.2.2 shall be replaced with
the following: "To be approved by the office of the state fire marshal, a
qualifying examination shall test the applicant's knowledge of the following
topics, as applicable to the category of blasting for which application is
made: the requirements of this code; federal explosives law and regulations;
and industry standards related to the safe use, storage, and transportation of
explosive materials."
(16) Section
4.4.5 shall be replaced with the following: "Each person whose permit to blast
has been revoked shall be required to complete a blaster training program and
pass a qualifying examination of a condition of reinstatement of the permit.
The blaster training program and qualifying examination shall be approved in
advance by the office of the state fire marshal."
(17) Section 4.4.6 shall be replaced with the
following: "Each person whose permit to blast has lapsed for a period of one
year or longer shall be required to complete a blaster training program and
pass a qualifying examination as a condition of renewal of the permit. The
blaster training program and qualifying examination shall be approved in
advance by the office of the state fire marshal."
(18) The following text shall be added after
section 4.4.6:
"If the holder of a blaster or handler permit ceases to be
employed by a permitted manufacturer, distributor, or user, the blaster or
handler shall notify the office of the state fire marshal within five business
days, and the individual's permit shall be placed on inactive status. The
individual shall not blast or handle explosive materials while the permit is on
inactive status. Before resuming work with a permitted manufacturer,
distributor, or user, the blaster or handler shall notify the office of the
state fire marshal, and the permit shall be returned to active status. However,
if the permit has been on inactive status for at least one year, the holder
shall complete an approved blaster refresher class for a blaster permit or an
approved explosive safety course for a handler permit before the permit is
returned to active status.
"Requirement for a Handler Permit. Before applying for or
renewing a handler permit, an individual shall complete an explosive safety
course approved by the state fire marshal. The explosive safety course shall
provide training on the safe handling, storage, and transportation of explosive
materials."
(19) Sections
4.5.1 and 4.5.2 shall be replaced with the following sentence: "The holder of
any permit or permits issued pursuant to this code shall maintain a copy of the
permit or permits at all sites where explosive materials are stored or used and
in any vehicle used to transport explosive materials."
(20) Section 4.6.2 shall be replaced with the
following sentence: "An individual shall be at least 18 years old before
applying for a handler permit and at least 21 years old before applying for a
blaster permit."
(21) In section
4.7.1(3), "is a fugitive from justice" shall be replaced with "has fled from
any state to avoid prosecution for a crime or to avoid giving testimony in any
criminal proceeding."
(22) Section
4.8.1.1 shall be replaced with the following sentence: "Permit holders shall
keep records in accordance with 27 C.F.R. part
555, Subpart G, as adopted by
reference in
K.A.R. 22-4-5."
(23)
Section 4.10.1 shall be replaced with the following: "When an application for
renewal is filed with the office of the state fire marshal before expiration of
the current permit, the existing permit shall not expire until the state fire
marshal has taken final action upon the application for renewal or, if the
state fire marshal's action is unfavorable, until the last day for seeking
judicial review of the state fire marshal's action or a later date fixed by the
reviewing court."
(24) The
following sentence shall be added after section 4.10.3: "Before applying for
renewal, the holder of a blaster permit shall complete a blaster refresher
course approved by the state fire marshal and the holder of a handler permit
shall complete an explosive safety course approved by the state fire
marshal."
(25) Section 5.4.4.1.2
shall be replaced with the following: "The integrity of the fences and gates
shall be checked at least annually."
(26) In section 5.4.7, the phrase "and the
IAPMO Uniform Mechanical Code" shall be deleted.
(27) Section 9.7.2 shall be replaced with the
following: "All magazines containing explosive materials shall be opened and
inspected at maximum intervals of seven days to determine whether there has
been unauthorized or attempted entry into the magazines or whether there has
been unauthorized removal of the magazines or their contents."
(28) The following sentence shall be added
before section 10.1: "A holder of a user permit shall notify the office of the
state fire marshal at least 48 hours before beginning blasting operations at a
site and before resuming blasting operations at a site if those operations have
been suspended or discontinued for more than six months."
(29) Section 10.1.19.1(2) shall be replaced
with the following: "Compliance with the safe distances in safety library
publication 20, 'safety guide for the prevention of radio frequency radiation
hazards in the use of commercial electric detonators (blasting caps),'
published by the institute of makers of explosives (IME) and dated December
2011, parts II and III of which are hereby adopted by reference, with the
exception of all text before table 1 and pages 36 through 38."
(30) Section 11.1.1 shall be replaced with
the following: "This chapter shall apply to buildings and other structures. As
used in this chapter, 'buildings and other structures' shall mean dwellings,
public buildings, schools, places of worship, and commercial or institutional
buildings."
(31) In section 11.1.3,
all text after "with" shall be replaced with "the international society of
explosives engineers' 'ISEE performance specifications for blasting
seismographs,' 2011 edition."
(32)
In section 11.1.4, the phrase "2009 edition" shall be added at the end of the
sentence.
(33) The following text
shall be added after section 11.1.4:
"The blaster-in-charge or designee shall conduct a pre-blast
survey of all buildings and structures within a scaled distance of 35
ft/lbs1/2 from the blast site, except that a preblast survey shall not be
required for a building or structure if the owner refuses permission or if the
owner does not respond after three documented attempts to obtain
permission.
"Where blasting seismographs are used, the permitted user shall
maintain the seismograph recording and accompanying records for at least three
years. These records shall include the maximum ground vibration and acoustics
levels recorded, the specific location of the seismograph equipment, its
distance from the detonation of the explosives, the date and time of the
recording, the name of the individual responsible for operation of the
seismograph equipment, the type of seismograph instrument, its sensitivity, and
the calibration signal or certification date of the last
calibration."
(34) Section
11.2.3 shall be replaced with the following sentence: "The ground vibration
limit for underground utilities, pipelines, fiber optic lines, and similar
buried engineered structures shall be five inches per second."
(35) Section 11.4.2 shall be replaced with
the following: "Reasonable precautions shall be taken to prevent flyrock from
being propelled from the blast site onto property not contracted by the
blasting operation or onto property for which the owner has not provided a
written waiver to the blasting operation."
(36) The following text shall be added at the
end of chapter 11: "The blaster-in-charge shall ensure that a record of each
use of explosives is made, and this record shall be retained for at least three
years by the permitted user. The record shall include:
"(A) The name and permit number of the
permitted user;
"(B) the location,
date, and time of the detonation;
"(C) the name and permit number of the
blaster-in-charge;
"(D) the type of
materials blasted;
"(E) the type of
explosives used;
"(F) the weight of
each explosive product used and the total weight of explosives used;
"(G) the maximum weight of explosives
detonated within any eight-millisecond period;
"(H) the initiation system, including the
number of circuits and the timer interval, if a sequential timer is
used;
"(I) the type of detonator
and delay periods used, in milliseconds;
"(J) the sketch of delay pattern, including
decking;
"(K) the distance and
scaled distance, if applicable, to the nearest building or structure;
"(L) the location of the nearest building or
structure, using the best available information; and
"(M) if bore holes are used, the number of
bore holes, burden, and spacing; the diameter and depth of bore holes; and the
type and length of stemming."
(37) Section 13.1.1 shall be replaced with
the following sentence: "Two or more precursor chemicals that would constitute
a binary explosive if mixed or combined shall be stored and used in the same
manner as other explosive materials."
(38) Section 13.4.2 shall be replaced with
the following: "Thefts of precursor chemicals during transportation, storage,
and use shall be reported to the office of the state fire marshal, the bureau
of alcohol, tobacco, firearms and explosives, and a local law enforcement
agency."
